How Complicated Degree Murder is in US Jurisdiction

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In the News such as CNN, NBC, ABC and so on, it is sometimes mentioned a man was charged for "SECOND DEGREE murder". Have you ever wondered what do they mean by that? This is known as a measurement of murder in US jurisdiction. However, since US is a "Pluralistic law systems", containing 52 states. This means the rules are differentiated based on each states. Let us have a look at the degree murder.

I. History of Degree Murder

The system was first graded based on the law of Pennsylvania in 1794. It was graded into "first" and "second" degrees. The English common law, which had been received into the laws of the U.S. states, at the time applied capital punishment to a large number of crimes; as a result, states statutorily divided the crime of murder into first and second degrees, and began applying capital punishment only to criminals convicted of first-degree murder. By 1953 three states—namely Florida, Minnesota, and Wisconsin—had further created the subcategory of third-degree murder.

II. Popular Classification

States have adopted several different systems for classifying murders by degree. The most common separates murder into two degrees (first- and second-degree murder), and treats voluntary and involuntary manslaughter as separate crimes that do not constitute murder.

First-degree murder - simply means the act can kill someone.

"Any intentional murder that is willful and premeditated with malice aforethought. "Felony murder, a charge that may be filed against a defendant who is involved in a dangerous crime where a death results from the crime, is typically first-degree.

Second-degree murder -simply means the act does not successfully kill someone.

"Any intentional murder with malice aforethought, but is not premeditated or planned."

 

Voluntary manslaughter

AKA a crime of passion murder, is any intentional killing that involves no prior intent to kill, and which was committed under such circumstances that would "cause a reasonable person to become emotionally or mentally disturbed". Both this and second-degree murder are committed on the spot under a spur-of-the-moment choice, but the two differ in the magnitude of the circumstances surrounding the crime. 

 

For example, a bar fight that results in death would ordinarily constitute second-degree murder. If that same bar fight stemmed from a discovery of infidelity, however, it may be voluntary manslaughter.

Involuntary manslaughter

A killing that stems from a lack of intention to cause death but involving an intentional or negligent act leading to death. A drunk driving–related death is typically involuntary manslaughter.

 

Note that the "unintentional" element here refers to the lack of intent to bring about the death. All three crimes above feature an intent to kill, whereas involuntary manslaughter is "unintentional", because the killer did not intend for a death to result from their intentional actions. If there is a presence of intention it relates only to the intent to cause a violent act which brings about the death, but not an intention to bring about the death itself.

The Model Penal Code classifies homicides differently, without degrees. Under it, murder is any killing committed purposely and knowingly, manslaughter is any killing committed as a result of recklessness, and negligent homicide is any killing resulting from negligence.

III. A Place where the 3rd Degree Murder Exist

Some states classify murders differently. In Pennsylvania, first-degree murder encompasses premeditated murders, second-degree murder encompasses accomplice liability, and third-degree serves as a catch-all for other murders. In New York, first-degree murder involves "special circumstances", such as the murder of a police officer or witness to a crime, multiple murders, or murders involving torture. Under this system, second-degree murder is any other premeditated murder.

The New York statutes also recognize "murder for hire" as first-degree murder. Texas uses a scheme similar to New York’s, but refers to first-degree murder as "capital murder", a term which typically applies only to those crimes that merit the death penalty. Some states, such as Florida, do not separate the two kinds of manslaughter. 

IV. How Do I Know?

 You can check the information of Availability of Murder degrees of each states on -  Degree Murder Classification in US